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Commerce City officer faces felony charge for shooting dog

By Yesenia RoblesThe Denver Post

Posted:
12/20/2012 01:25:58 PM MST

Updated:
12/21/2012 08:10:08 AM MST

Gary Branson poses for a portrait at the Animal Law Center in Wheat Ridge on Monday, December 3, 2012. Branson's dog, Chloe, a chocolate lab mix, was killed after being tazed, shot five times in Commerce City on Nov. 24. (AAron Ontiveroz, The Denver Post)

A Commerce City police officer faces a potentially career-ending felony charge after the shooting of a dog last month that was captured on video.

The Adams County district attorney is still investigating the incident but said Thursday one of the officers involved in the shooting of 3-year-old Chloe, a large mixed-breed dog, will be charged with one felony count of aggravated cruelty to animals.

Officer Robert Price, a Commerce City cop since June 2006, is on paid administrative leave. Two other officers who were at the scene of the shooting have been removed from patrol duty during the investigation.

Police officers who asked not to be identified said they were surprised and outraged that Price will be charged and could lose his job if convicted.

State law forbids anyone who has been convicted of a felony from being certified as a peace officer.

Because parts of the investigation are still open, District Attorney Don Quick would not comment Thursday.

Animal Law Center lawyer Jennifer Edwards, who might file a civil claim on behalf of the dog's owner, Gary Branson, called the case a turning point in animal law.

"In general, there is a growing trend for justice for animals, but this is definitely a turn in the right direction," said Edwards, who represented the owner of a dog killed by Brighton police in 2008.

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Branson's dog was killed Nov. 24, after a neighbor called police to report that a dog he did not recognize was running loose in the street.

Chloe had been staying with a relative of Branson's while he was out of town over the Thanksgiving weekend. When the relative left her home in Commerce City, she left the dog in the garage. Chloe was apparently able to open the garage door.

Unable to locate the relative or Chloe's owner, police tried to capture the dog. An animal-control officer used a catch pole to place a noose around the dog's neck, but police said Chloe remained agitated and uncontrolled.

Chloe was shocked with a Taser and then shot multiple times.

In a statement after the incident, police called the dog vicious and justified the officer's actions, later asking the district attorney to conduct an investigation.

"For the safety of the community and the officers on scene, the officer fired his weapon multiple times to put down the dog and ensure the safety of everyone," police said.

On Thursday, the city released a statement saying personnel's thoughts are with the owner "during this difficult time" but refused to comment on the findings of the investigation or the charges.

According to a news release from the district attorney's office, the investigation included reviewing police reports, interviews of 15 additional witnesses and a necropsy of the dog by a forensic pathologist who is an expert in gunshot wounds.

Thursday, the Commerce City Police Department asked for an independent review by the Douglas County sheriff of the incident and the department's practices and policies regarding animal incidents.

Edwards said Branson is feeling a range of emotions about the death of his dog but was excited to find justice for Chloe.

"They clearly have a problem within the culture of the department in dealing with pet members of a family," Edwards said. "We just hope every other department — not just in Colorado but in the rest of the nation — will look at what this DA Don Quick did and use it as a model. He clearly took it seriously."